Bhushan Balkrishna Mahajan v. The State Of Maharashtra Through Its Commissioner And Others

15 wp 2494 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2494 OF 2025 Pranjal Prakash Khot ...

Petitioner versus Rajgonda Nabu Khot and Ors.

...

Respondents Mr. Tejpal S. Ingale, for Petitioner.

Mr. Vijay Killedar, for Respondents.

CORAM: N.J.JAMADAR, J.

DATE :

25 FEBRUARY 2025 P.C.

1.

Heard the learned Counsel for the parties.

2.

The challenge in this Petition is to an order dated 7 January 2025 whereby the learned District Judge has rejected the application for interim injunction to restrain the Defendants from disturbing possession of the appellant/plaintiff over the suit land till the decision of the appeal. 3.

The Petitioner had instituted a suit for specific performance of the contract contained in a registered Agreement for Sale. One of the terms of the Agreement for Sale was that, in the event of failure to pay balance consideration, the purchaser would handover possession of the suit land. 4.

The issue as to whether the Petitioner was put in possession of the suit land and continued to remain in possession in part performance of the contract, arises for consideration.

5.

Issue notice to the Respondents, returnable on 8 April 2025. SSP 1/2

15 wp 2494 of 2025.doc 6.

Mr. Killedar waives service of notice on behalf of the Respondents. 7.

The Respondents are at liberty to file an affidavit in reply within a period of four weeks.

8.

In the meanwhile, the parties shall maintain status quo. ( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 01/03/2025 15:29:54